Opinion
October 28, 1991
Appeal from the County Court, Nassau County (Baker, J.).
Ordered that the judgment is affirmed.
The defendant took no exception to the trial court's charge on acting in concert, thereby failing to preserve for appellate review any issues of law with respect to his claims of error in that regard (see, CPL 470.05; People v. Dillon, 156 A.D.2d 459). In any event, the court's charge was proper (see, People v Compitiello, 118 A.D.2d 720).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). Bracken, J.P., Sullivan, O'Brien and Ritter, JJ., concur.